Insulin Administration in California

Insulin Administration in California Schools

1. School personnel are allowed to be trained to administer glucagon

2. School personnel are allowed to be trained to administer insulin

3. Students who are competent to self-manage are allowed to do so in the classroom, on campus and while at school sponsored activities

History Leading up to Ruling

Legislative

?More than a decade ?Comprehensive legislation passed but vetoed ?Legislation allowing self-management and glucagon training enacted

Legal

?Nearly eight years in progress ?Started with an original lawsuit and settlement in 2005 ?Settlement overturned in lower courts ?Supreme Court unanimously agreed to take up the case in 2010 ?Oral arguments in May of 2013 ?Unanimous ruling in August of 2013

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California law permits school personnel to be trained to administer insulin

? California law expressly permits trained, unlicensed school personnel to administer prescription medications such as insulin in accordance with the written statements of a student's treating physician and parents (Ed. Code, ?? 49423, 49423.6; Cal. Code Regs., tit. 5, ?? 600, 604, subd. (b)) and expressly exempts persons who thus carry out physicians' medical orders from laws prohibiting the unauthorized practice of nursing (Bus. & Prof. Code, ? 2727, subd.

American Nurses Association v. Tom Torlakson, Superintendent

? Through these provisions, state law in effect leaves to each student's physician, with parental consent, the question whether insulin may safely and appropriately be administered by unlicensed school personnel, and reflects the practical reality that most insulin administered outside of hospitals and other clinical settings is in fact administered by laypersons. The Nurses arguments to the contrary lack merit.

American Nurses Association v. Tom Torlakson, Superintendent

Reversed and Remanded

? Finding no merit in the arguments to the contrary, we conclude California law does permit trained, unlicensed school personnel to administer prescription medications, including insulin, in accordance with written statements of individual students' treating physicians, with parental consent (Ed. Code, ?? 49423, 49423.6; tit. 5, ?? 600-611), and that persons who act under this authority do not violate the NPA (see Bus. & Prof. Code, ? 2727, subd. (e)).

American Nurses Association v. Tom Torlakson, Superintendent

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Training Resources

? American Diabetes Association ? National Association of School Nurses ? National Diabetes Education Program ? State Agencies and Collaboratives ? Diabetes Centers ? Industry

Lisa Murdock lmurdock@

(916) 541-7198

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